Rup Sk. Israil & Ors vs Abdulla Mallick & Ors
2023 Latest Caselaw 2587 Cal

251 17.04.

 Ct    2023                      CO No. 775 of 2023

rup                               Sk. Israil & Ors.
                                       versus
                               Abdulla Mallick & Ors.


                    Mr. Syamal Kumar Das,
                    Mr. Shymal Haldar,
                    Ms. Smita Pal
               .                       .... For the petitioners.



                    The   judgment    dated   10th   January,   2020   in

connection with Misc. Appeal 10 of 2016 passed by the

learned Additional District Judge, 2 nd Court, Serampore,

Hooghly is under challenge.

Learned advocate appearing on behalf of the

petitioners has submitted that at the time of filing pre-

emption application under Section 8 of the West Bengal

Land Reforms Act, appellant/opposite party did not

deposit total consideration money i.e. Rs. 3,00,000/-

instead of deposited Rs.24509/-.

Learned Trial Court dismissed the application on

the ground of deposit of insufficient time at the time of

filing preemption application under Section 8 of the Land

Reforms Act.

Being aggrieved preemptees/petitioners of appeal

before the learned District Judge, 2nd Court, Serampore,

Hooghly in connection with Misc. Appeal 10 of 2016

whereby learned Additional District Judge allowed the

pre-emption application ignoring the payment of

insufficient consideration money.

Learned advocate appearing on behalf of the

petitioners is directed to serve notice upon the opposite

parties and their learned advocate before the Trial Court,

by speed post with A/D, and furnish affidavit of service

on the next returnable date.

Considering all facts and circumstances in terms of

the provision of Section 8(1) of the West Bengal Land

Reforms Act as well as the principle laid dawn by Hon'ble

Apex Court, I find it necessary to stay the Judgment

passed in Misc Appeal 10 of 2016 for a limited period i.e.

last week of June, 2023.

List the matter on 23rd June, 2023.

Petitioners are directed to make communication of

this order to the learned Additional District Judge, 2 nd

Court, Serampore, Hooghly.

All the parties shall act on the server copy of this

order duly downloaded from the official web site of this

Court.

(Bibhas Ranjan De, J.)